Comelec building electoral sabotage case over pre-shaded ballots in Basilan

MANILA, Philippines — The Commission on Elections has identified those behind the pre-shaded ballots found in Basilan during the Bangsamoro elections, its chairperson George Garcia said Wednesday, September 30.

Garcia declined to name its suspected culprits but confirmed the poll body is already eyeing the possible filing of an electoral sabotage case. 

"There might be accusations that we're just pointing fingers. But we are building an airtight case, because remember, life imprisonment is the penalty [for electoral sabotage]," Garcia said at a forum in mixed English and Filipino. 

Sixteen subpoenas have been issued asking explanations from officials in Maluso, Basilan, where 16,543 ballots for 36 of 68 precincts were found pre-shaded, Garcia confirmed. 

Those asked to explain include the mayor, the municipal treasurer, the town's election officer and the police chief. The provincial police commander and Comelec's own provincial election supervisor were also subpoenaed.

Garcia said being issued a subpoena does not automatically mean the individuals are guilty or considered the accused.

Electoral sabotage is an offense under Republic Act 9369, the automated election law. Vote tampering counts as electoral sabotage when more than 10,000 votes are involved.  

The poll chief said they are tracing who had ultimate custody of the ballots, as investigators do in drug cases.

"Sino ba ang may hawak ng mga balota?" he said. (Who was holding the ballots?)

Garcia said the tampering could not have been done by one person. "Mga mahigit pong 15 na tao po 'yung gumawa no'n," he said. (More than 15 people did it.)

The Comelec wants the case resolved before candidates file for the next elections, he added.

The poll body filed electoral sabotage charges against former President Gloria Macapagal Arroyo in 2011. The charges were over alleged cheating in the 2007 senatorial elections. A Pasay court dismissed the case in 2018. 

Voting delayed by a day

The pre-shaded ballots were discovered on the night of September 13, the eve of the Bangsamoro region's first parliamentary elections.

Garcia said the Comelec stopped their distribution and had the National Printing Office reprint new ballots.

The replacement ballots were flown in from Zamboanga City and arrived on the night of election day.

Voting in the 36 precincts took place the next day.  

None of the region's 5,212 precincts had a failure of elections, he said.

Comelec placed Maluso under its control on election day, along with Cotabato City, where violence broke out.